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Legal matters

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Any probate experts out there?

3 replies

badhairmonth · 07/01/2014 10:43

I just want to know if an executor can demand money back from beneficiaries after estate has been wound up and finalised please?

OP posts:
JeanSeberg · 07/01/2014 14:22

I can't answer your specific question but I've just completed probate for my mum's estate and they were always very helpful on the phone:

www.justice.gov.uk/courts/probate/probate-registries

badhairmonth · 09/01/2014 10:35

Thank you JeanSeberg

OP posts:
poshfrock · 12/01/2014 14:30

It is up to the executor to establish all the debts of the deceased and pay all creditors before distributing the estate. If the executor does distribute the estate and it later transpires that there is an unpaid creditor then the executor is personally liable to settle the outstanding debt. He can of course ask the beneficiaries to reimburse him but they are not obliged to do so. This is why executors are always advised to place statutory notices in the London Gazette and the local press. Such notices give a set period for creditors to make a claim (usually 2 months from grant of probate). Once this period has expired the executor can distribute knowing that no further claims by creditors can be made.

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